Following a joint submission by the Crown and defence, Derek Gammon has been sentenced to ten years in prison.
Gammon had pleaded guilty to manslaughter in the death of Dan Major at a duplex on Brant St. in September 2015. Major was beaten and strangled after a night of excessive drinking between the two friends.
Crown lawyer George Spartinos says the consumption of alcohol played a major role in accepting the manslaughter plea.
"You have to take all the facts into account and then make that determination but the amount of alcohol here was copious to say the least," says Spartinos.
He says alcohol consumption itself does not negate the intent to kill, but evaluating Gammon's actions after the fact shows he did not have rational thought during the incident.
"We don't have him acting rationally. As I said in court, six or seven hours later during his interview he is passing out. He was also making incoherent statements to the police shortly there after," says Spartinos.
Court heard Gammon drank at least half a 60 oz bottle of whiskey and took illegal substances before the incident. Major also had a blood alcohol level of three times the legal limit at the time of his death.
Major's family was visibly upset as they left court. They said after seeing the state of the apartment after the crime, the length of the sentence is not enough.
Major's nephew Steven Van Vrouwerff says Major's death has left a big void in his life.
"I've been withdrawn. I feel like I crawled into a nutshell and threw myself in the corner, you know like just go away and leave me alone and don't bother me, I never used to be like that," says Van Vrouwerff.
Gammon chose not to speak during his sentencing hearing.
